What is the Statute of Limitations for Wrongful Death Lawsuits in California?
Keep in mind that wrongful death lawsuits in California are subjected to a statute of limitations, found in California Code of Civil Procedure Section 335.1. If nothing is filed within this time, you may be legally barred from filing a wrongful death claim for the incident. While there are some exceptions to this rule, such as finding out at a later date that the death was caused by another person's wrongful actions, it is best to file sooner rather than later.
What Damages Can I Recover in a Wrongful Death Suit?
The emotional healing process after the death of a loved one is different for every person and nothing can speed it up. However, heavy financial and emotional burdens can surely slow it down.
Thankfully, wrongful death claims in Carlsbad and San Diego can ask for compensation for the many different losses that result from these tragic incidents. Financial compensation can be sought to pay for:
- Medical costs for procedures performed on eventually-fatal injuries or illnesses.
- All expenses associated with funeral and burial of the deceased.
- Lost wages and benefits that would have been earned by the deceased, based on his or her job at the time of the incident.
- Grief and loss of companionship experienced by loved ones.
Additionally, if the at-fault party violated laws or caused the death by acting extremely recklessly, punitive damages may also be levied against him or her. Payments for these fines go to the survivors.
By proving both that the at-fault party was responsible for the incident and that the losses you are claiming are legitimate, you can receive fair and full compensation that will lift these heavy burdens off of you and your family.